Right to Work Checks for EU Citizens in the event of a “No Deal Brexit”

With Brexit looming, Immigration Minister Caroline Nokes MP has dealt a devastating blow to employers in the UK by advising Parliament that in the event of a “No Deal Brexit”, employers will have to check whether their EU Citizen staff are eligible to work in the UK.  Unfortunately, Ms Nokes MP was not able to provide Parliament with detail about how these checks will be conducted. This would appear to contradict a media briefing earlier this year in which it was stated that there would be no requirement for “right to work checks” on EU Citizens.

Currently, employers across the country are bracing themselves for a Post-Brexit world and with the uncertainty shown by the UK government, have thus far been unable to implement any meaningful strategies to deal with staffing issues.  The fact that employers will now have the additional task of vetting their staff for immigration documentation will only add burden to this burden.

Immigration Advisors across the country face the unenviable task of advising clients and employment groups about a future system which they have limited information on.  With less than 3 months remaining until Brexit and no real concrete system in place, employers are unsure as to what steps need to be taken to ensure compliance with the law.

Yvette Cooper MP of the Labour Party pressed the Immigration Minister for further details on the system that will be introduced citing obstacles and challenges which will be faced however the Immigration Minister was unable to provide any real detail apart from that any system, rules or regulations introduced by the government will take a pragmatic approach to this.

Following the UK’s withdrawal from the European Union, EU Citizens will have to apply for Settled Status to remain in the United Kingdom.  The Home Office have revealed some details about this however it remains in its early stages as only a fraction of the EU Citizens in the UK have begun the process.

The Home Office have introduced a transitional period (March 2021) for EU Citizens to regularise their stay in the UK.  It remains to be seen where the next two years will take us, especially those who are directly affected by Brexit.

We advise Client’s who are affected by this to urgently seek legal advice on the effects of Brexit.  We have already had a number of enquiries from diverse sectors and industries across the UK expressing their concern.  Given the lack of direction and guidance issued by the UK Government, our advice is tailored to the individual needs of our clients.